help! completion was yesterday but sellers did not move out!

chiocciola

Hi everybody,

this is my second post so apologies if there is another thread similar to this elsewhere. I have an urgent question: we have completed on a flat yesterday (Thursday) after many months of back and forth. We picked the keys up at the Estate Agents and went to the new flat right away but when we arrived there, we saw that some lights were on and through the window we could see laundry hanging inside. We knocked on the door a couple of times and eventually my husband tried to enter but the keys seemed to get stuck. I then called the seller who said he was told that he could stay there until Saturday!! He was not in the flat when I called him, so we entered the flat anyway to take some boxes inside and we felt like burglars, even though technically speaking it is our flat!
I am quite surprised, as we were not informed of this special agreement (and I suppose we should have been), and because we were planning to start working on the flat tonight (my dad is flying over from abroad, he's arriving today) and yesterday there was still a lot of his personal stuff laying around, i.e. it makes working there quite hard even if he let us in.

Don't the Estate Agents check the flat after the keys are handed over to them? And what happens now if he breaks something? Aren't we legally responsible for the flat?
Our solicitors will now give the vendors a notice to complete and they know we wanted to start the works today. But will this notice ensure that he is really leaving? What if he is not?

Thanks for your help!

Running_Horse

I would have changed the locks and installed a large dog.

delmar39

Sorry to hear your news. Only your solicitor can advise. If you have home insurance on the place then I'd check what happens if something goes wrong during this unplanned interim situ or just keep quiet and hope nothing does go wrong!

Hopejack

Get on the telephone to your solicitors quick smart. Technically he no longer owns the property - you have bought it! So he should not be there - sorry! He has your money from the sale proceeds - charge him rent - joke!

Seriously, if he did request to stay until Saturday whom did he say it to? If it is your solicitor via his then there is a serious issue there.

Hope you get it sorted - sounds very fishy indeed and it is totally illegal what he is doing - place is sold to you - you are the owners.

I'd be tempted to wait until he goes out, chuck his stuff out and get the locks changed pronto - there is absolutely nothing he could do at all.

googler

"Don't the Estate Agents check the flat after the keys are handed over to them?"

I think you've answered your own question, but in a word - no.

mlz1413

The ex owner has no right to stay unless you gave express permission and I'm sure you would know if you had. Your solicitor should have discussed any implications of this with you and probably advised against allowing it.

But as Ex owner is still there - I would go and ask him to show you where he has permission, if he can't show you then he should leave immediately.

When I bought my first house the owner didn't move out on the Friday and I was too naive to say he should, we agreed on Saturday morning to exchange keys and when I arrived he was still packing!!

I think official the ex-owners are squatting if they remain without permission, might be worth ringing the local police station and asking advise.

dander

Personally, I would change the locks straight away and move his stuff out into the garden. If no-one told me about the agreement then there is no agreement and I wouldn't want to start putting my stuff into a flat where someone else is squatting.

laughingcow81

dander wrote: »

Personally, I would change the locks straight away and move his stuff out into the garden. If no-one told me about the agreement then there is no agreement and I wouldn't want to start putting my stuff into a flat where someone else is squatting.

I would agree with this.

You own the property now, there is no way he should be there without your express permission.

pingu2209

Be careful that this could be a trick to gain squatters rights. I would ask him to leave (take a few large men with you) and say he has 1/2 an hour or you call the police.

kmmr

People can be amazing. They have sold the house, so move out!! It feels like sometimes people don't quite see the what the reality of selling your home means. In my last sale the vendor was incredulous that after exchange I wanted to complete and move in quite soon, didn't quite seem to grasp that once the house was sold, they needed to mentally and physically start to get moving.

Anyway, I suppose you need to balance your need to keep a reasonable relationship with the ex-owner (which is often useful) and the need to get in and get started on the work you want to do.

Rather than involving police, or throwing his stuff out, I would get my solicitor to make it clear to the other party that you expect him out today, and that part of the completion was to grant you vacant possesion. I think if he hasn't moved out, then he has failed to complete and could be held liable (for what I don't know!)

Be firm, be polite, but make sure he moves out immediately! The cheek of it!

googler

Typically, in a Scottish transaction, it would be worded thus;

"BREACH OF CONTRACT BY SELLER

If at the Date of Entry the Seller does not give vacant possession or otherwise fails to implement any material obligations due by the Seller in terms of the Missives, then the Purchaser will be entitled (provided the Purchaser is in a position to settle the transaction on the Date of Entry) to claim damages for any reasonable loss incurred by the Purchaser arising from such failure.

In the event that the Seller’s breach of contract continues for fourteen days after the Date of Entry ... etc etc"

The contract is between seller and purchaser, not between the puchaser and the seller's Estate Agent.....